Annual Meeting of the Agencies for Amicable Settlement of Labour - PowerPoint PPT Presentation

1 Annual Meeting of the Agencies for Amicable Settlement of Labour Disputes 28-29 May, 2019 Skopje, North Macedonia By Serghei MESAROȘ

2 THE ANTICIPATORY MAP OF THE RISKS OF COLLECTIVE LABOUR DISPUTES

3 TYPES OF ALTERNATIVE RESOLUTION OF COLLECTIVE LABOUR DISPUTES IN NATIONAL PRACTICE  Conciliation  Mediation  Arbitration

4  The settlement of collective labour disputes is regulated by the Law no. 62/2011, Law on Social Dialogue, republished with subsequent amendments and completions.  Collective labour disputes are actions initiated to protect the economic, professional or social interests of employees of an organization.

5 Collective labour disputes can be triggered in the following situations (a) the employer or employers’ organization refuses to start the negotiation of a contract or collective labour agreement, provided that it has not concluded such a contract or agreement or the previous one has ceased; b) the employer or employers' organization does not accept the claims made by the employees; (c) the parties failed to reach an agreement on the conclusion of a contract or collective labour agreement by a date jointly decided to conclude the negotiations.

6 Employees' right to trigger collective labour disputes in connection with the  commencement, conduct and conclusion of collective bargaining is guaranteed by law. The employees' claims for whose resolution is necessary the adoption of a law or other  normative act can not be the object of collective labour disputes. Collective labour disputes can occur for the defense of collective interests of an  economic, professional or social nature. (1) In collective labour disputes at unit level the employees are represented by the representative trade unions of the unit, according to the law. (2) At the level of the units where no representative trade unions are constituted and the employees have elected the persons who represent them in the negotiations, the same persons represent them in the case of collective labour disputes. In case of collective labour disputes, employees are represented by the representative  trade union organizations or employees' representatives, as the case may be, participating in the collective bargaining of the contract or collective labour agreement applicable.

7 In all cases where there is a prerequisite for the occurrence of a collective labour  dispute, the representative trade union organizations or employees' representatives, as the case may be, will notify the employer or employers' organization in writing of this situation, specifying the employees' claims, their motivation and the proposals for settlement. The employer is obliged to receive and record the complaint formulated accordingly. The set out requirement is also considered to be met if the claims, the motivation  and the proposals for settlement are expressed by the representative trade union or by the elected representatives of the employees on the occasion of the meeting with the representatives of the employer or the employers' organization, if the discussions were recorded in a minutes. Employer or employers' organization has the obligation to respond in writing to the  trade unions or, in their absence, to the representatives of the employees, within two working days from the receipt of the notification, with the indication of the point of view for each of the claims formulated.

8 If the employer or the employers‘ organization did not answered to all the claims  made, or, although replied, the trade unions or employees' representatives, as the case may be, disagree with the stated point of view, the collective labour dispute may arise. During the validity of a contract or collective labour agreement, the employees can not  trigger the collective labour dispute. The collective labour dispute is triggered only after his prior registration, as follows:  a) at the unit level, the representative trade union or employees' representatives, as the case may be, shall notify the employer on the occurrence of the collective labour dispute and notify in writing the Territorial Labour Inspectorate in the county where are carrying out their activity the employees of the unit that initiated the dispute, with the purpose of conciliation;

9 b) at the level of a group of units, the representative trade union organizations shall notify each member unit of the group of units as well as the employers' organization at the level of the group about the triggering of the collective labour dispute and shall notify in writing the Ministry of Labour and Social Justice with the purpose of conciliation; c) at the level of the sector of activity, the representative trade union organizations will notify each unit where there are members representative trade union organizations as well as the corresponding employers' organizations about the triggering of the collective labour dispute and will notify in writing the Ministry of Labour and Social Justice with the purpose of conciliation.

10 Conciliation of collective labour disputes  The complaint to the conciliation of collective labour dispute shall be made in writing and shall include mandatorily the following terms: a) the employer or employers' organization with indication of the headquarters and the contact details; b) the object of the collective labour dispute and its motivation; c) the proof of compliance with the requirements set out above; d) the nominal designation of the persons delegated to represent at the conciliation the representative trade union or, as the case may be, the representatives of the employees.  Conciliation, mediation and arbitration of collective labour disputes are made only between the parties in conflict.

11 The conciliation procedure is mandatory.  Within 3 working days from the registration of the complaint, the  Ministry of Labour and Social Justice, in the case of collective labour disputes at the level of group of units or at the sectoral level, respectively the Territorial Labour Inspectorate, in the case of collective labour disputes at unit level, designates his delegate to participate in the conciliation of the collective labour dispute and communicates the data of the designated person both to the trade union organization or to the representatives of the employees as well as to the employer or the employers' organization. The Ministry of Labour and Social Justice, respectively the Territorial  Labour Inspectorate, as the case may be, shall convene the parties to the conciliation procedure within a term not exceeding 7 working days from the date of appointment of the delegate.

12  In order to support their interests in conciliation, the representative trade unions or, as the case may be, the representatives of the employees designate a delegation consisting of 2 to 5 persons, who will be empowered in writing to participate in the conciliation organized by the Ministry of Labour and Social Justice or the Territorial Labour Inspectorate, as the case may be. The trade union delegation may also include representatives of the federation or trade union confederation to which the trade union organization is affiliated.  May be elected as delegate of the representative trade unions or, as the case may be, of the employees' representatives any person who fulfills the following conditions: a) has full legal capacity; b) is an employee of the unit or represents the federation or representative trade union confederation to which the trade union organization which triggered the labour dispute is affiliated.

13  In order to support his interests in conciliation, the employer or employers' organization designates a delegation consisting of 2 to 5 persons to participate in conciliation by written authorization.  On the date fixed for conciliation, the delegate of the Ministry of Labour and Social Justice or of the Territorial Labour Inspectorate, as the case may be, verifies the powers of the delegates of the parties and insists that they act to achieve the conciliation. The parties' arguments and the outcome of the debates shall be recorded in a  minutes, signed by the parties and the delegate of the Ministry of Labour and Social Justice or of the Territorial Labour Inspectorate, as the case may be.  The minutes shall be drawn up in original, one for each conciliator and one for the delegate of the Ministry of Labour and Social Justice or the Territorial Labour Inspectorate, as the case may be.

14  If the outcome of the discussions leads to an agreement on the settlement of the formulated claims, the collective labour dispute is considered to be concluded.  In cases where the agreement on the resolution of collective labour dispute is only partial, in the minutes shall be recorded the claims on which the agreement was made and those left unresolved, together with the views of each party relating to the latter.  The conciliation results will be brought to the attention of the employees by those who have made the request for conciliation.